(1)In this Act, unless the context otherwise requires, “statutory undertakers” means—
(a)any person authorised by any enactment to construct, work or carry on—
(i)any railway, light railway, tramway, road transport, water transport, canal or inland navigation undertaking, or
(ii)any dock, harbour, pier or lighthouse undertaking, or
(iii)any undertaking for the supply of . . . F1, . . . F2, [F3or hydraulic power], or
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 the Civil Aviation Authority [F5or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence)], or
(c)[F6a universal service provider in connection with the provision of a universal postal service] . . . F7,
and in this subsection “enactment” means any Act or any order or scheme made under or confirmed by an Act.
[F8(1ZA)The undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking for the purposes of this Act except to the extent that it is the person’s undertaking as licence holder; and references in this Act to the person’s undertaking shall be construed accordingly.]
[F9(1A)The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.]
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(3)In this Act “the appropriate Minister” means, in relation to any statutory undertakers, the Secretary of State.
(4)If any question arises under this Act which Minister is the appropriate Minister, the question shall be determined by the Treasury.
Textual Amendments
F1Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(4), Sch. 18
F2Word repealed by Gas Act 1986 (c. 44, SIF 44:1, 2), s. 67(4), Sch. 9 Pt. I
F3Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 65 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
F4Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F5Words in s. 8(1)(b) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. para 5(a)(i)
F6Words in s. 8(1)(c) substituted (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, arts. 1(3), 54(3)(a)
F7Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 3(1), s. 109(1)(4)(6), Sch. 5 para. 45 and Sch. 7 Pt. I
F8S. 8(1ZA) inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. para. 5(a)(ii)
F9S. 8(1A) inserted (26.3.2001 subject to art. 1(3) of the amending S.I.) by S.I. 2001/1149, arts. 1(3), 54(3)(b)
F10S. 8(2) repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I